Uncontested Divorce Lawyer in Southfield, Michigan
As an experienced uncontested divorce attorney in Southfield, Michigan, I understand the complexities and the emotional toll a divorce can take on individuals and families. At McGuigan Law, PLLC, my firm focuses on making the divorce process as straightforward and painless as possible, especially when both parties are able to resolve divorce matters between themselves. When this is possible, I help the spouses by completing the necessary paperwork to complete a divorce so that they can move forward with their lives.
If you are facing divorce, I invite you to call my office at 248-356-9100 to schedule a free consultation.
What Is an Uncontested Divorce?
An uncontested divorce in Michigan refers to a divorce in which both spouses agree on all major aspects of their divorce, including the division of property and debts, child custody and visitation, child support, and spousal support (alimony). This agreement allows the couple to avoid a trial, making the divorce process faster, less expensive, and typically less stressful for all parties involved.
In an uncontested divorce, the parties work out the details of their divorce agreement either between themselves or with the assistance of attorneys or a mediator. Once they have reached an agreement, an uncontested divorce lawyer can prepare and submit the necessary paperwork to the court, including a consent judgment that contains the terms of their divorce. This document must be reviewed and approved by a judge.
What Are The Requirements For An Uncontested Divorce in Michigan?
Key points about uncontested divorce in Michigan include:
- Residency Requirement. To file for divorce in Michigan, at least one spouse must have been a resident of the state for at least 180 days and of the county for at least ten days immediately before filing the divorce petition.
- No-Fault State. Michigan is a no-fault divorce state, meaning that the person filing for divorce does not need to prove any fault on the part of the other spouse. The only ground required for divorce is an assertion that there has been an “irretrievable breakdown” of the marriage relationship.
- Filing and Documentation. The uncontested divorce process begins with the filing of a joint petition to enter a consent judgment of divorce and the Consent Judgment of Divorce.
- Court Approval. Even though the divorce is uncontested, the consent judgment must still be approved by a judge. The court will review the agreement to ensure it is fair and in the best interests of any minor children involved.
The advantage of an uncontested divorce is that it generally allows for a more amicable resolution to the marriage, reduces legal fees, and can be resolved more quickly than contested divorces, where the court or a mediator must make decisions on the couple’s behalf.
How Long Do Uncontested Divorces Take in Michigan?
In Michigan, the duration of an uncontested divorce can vary significantly depending on several factors, including the county’s caseload and whether the couple has minor children. Generally, Michigan law requires a minimum waiting period for the divorce to be finalized, which serves as a cooling-off period.
- Without Minor Children. If there are no minor children from the marriage, Michigan law requires a minimum waiting period of 60 days from the date the divorce complaint is filed with the court.
- With Minor Children. If the couple has minor children, the waiting period extends to a minimum of six months (180 days) from the filing date. However, this period can sometimes be shortened if the court finds that waiting the full six months is not in the best interests of the children.
These are minimum waiting periods, and the actual time to finalize an uncontested divorce can be longer, especially if the parties need time to negotiate and finalize their settlement agreement. Once all paperwork is filed and the waiting period has elapsed, a judge will review and, if everything is in order, sign the judgment of divorce, officially dissolving the marriage.
The process can be expedited if both parties agree on all aspects of the divorce, including property division, child custody, and support arrangements, and can promptly prepare and submit all necessary documentation. In such cases, an uncontested divorce might be finalized shortly after the waiting period ends, assuming the court’s schedule allows for a timely review and signing of the judgment.
Contact McGuigan Law, PLLC Today to Schedule A Free Consultation With An Experienced Michigan Uncontested Divorce Lawyer.
At McGuigan Law, PLLC, I handle all aspects of your uncontested divorce, from drafting and filing the necessary paperwork to representing you in court if required. My goal is to ensure your divorce is finalized efficiently, respecting both your time and emotional well-being.
If you’re seeking an uncontested divorce in Michigan, let’s discuss how we can facilitate this process together. Reach out to McGuigan Law, PLLC, for a free consultation where we can explore your options and outline the steps towards a resolution that respects your wishes and outcomes.